Ex-Ruto adviser wants case against his appointment dismissed

Adams Oloo, a former advisor to President William Ruto has urged the High Court to dismiss a petition seeking to bar him from serving on the selection panel responsible for hiring new elections officials.

Oloo has denied allegations raised by city lawyer Apollo Mboya arguing that he was still serving as the president's advisor at the time of his appointment to the selection panel.

In an affidavit filed before the Milimani High Court, Oloo asserts that he officially resigned from his role as a presidential advisor and member of the President’s Council of Economic Advisers on January 24, 2025, three days before his appointment to the selection panel.

Oloo claims he delivered his resignation letter to President Ruto, which was received, signed, and stamped by the Executive Office of the President on the same date.

"I have since received a letter dated January 27, 2025, from the Chief of Staff and Head of Public Service, Felix Koskei, conveying His Excellency the President's formal acceptance of my resignation," Oloo states in the affidavit.

He further clarifies, “As of the date of my appointment and taking the oath of office as a member of the Independent Electoral and Boundaries Commission (IEBC) selection panel on January 27, 2025, I had ceased being a member of the President’s Council of Economic Advisers.”

Oloo, who is also a professor and law lecturer, has presented his resignation letter and the official acceptance of his resignation to the court to support his claims.

He emphasized that his resignation was processed promptly and in accordance with official procedures

The request by Oloo to dismiss the lawsuit has also been supported by Attorney General Dorcas Oduor who urges the Court to reject the bid to bar the professor from assuming his role as a member of the selection panel for hiring new IEBC commissioners.

Oduor argues that the petition filed by city lawyer Mboya fails to provide any evidence suggesting that Oloo does not meet the qualifications required for the position.

"The orders sought are unmerited and could have far-reaching and undesirable consequences. The petition is, therefore, an abuse of the court process and should be dismissed,' Oduor states in her affidavit

The petition by lawyer Mboya argues that Oloo’s appointment to the selection panel should be quashed as it represents a conflict of interest.

Mboya contends that Oloo’s former position as an advisor to President Ruto compromises his impartiality and independence in the recruitment of new IEBC commissioners.

According to Mboya, Oloo’s dual role as both a member of the President's Council of Economic Advisers and a member of the selection panel raises concerns about the separation of powers and the integrity of the process.

The lawyer emphasized that the selection panel, which is tasked with selecting the new chairperson and commissioners of the Independent Electoral and Boundaries Commission (IEBC), should represent the people independently from the executive branch of government.

"Oloo cannot faithfully, impartially, and in good conscience act as an independent representative of the Parliamentary Service Commission, which is supposed to be a public watchdog," Mboya stated in the petition.

"His role as an advisor to the president, an executive branch of government, undermines his ability to serve the people in this capacity."

The petition further argues that Oloo's position on the panel compromises the credibility of the process, especially in light of his ties to the president.

The lawyer has requested the court to intervene before the vetting process for the IEBC positions is concluded

President Ruto appointed the seven-member panel tasked with selecting new IEBC commissioners including Oloo

On January 27, 2025, Chief Justice Martha Koome officiated the oath-taking ceremony for the seven members of the panel, which includes Oloo, Kiome Lindah Gakii, James Evans Misati, Nicodemus Kipchirchir Bore, Ambassador Koki Muli Grignon, Tanui Andrew Kipkoech, and Nelson Makanda, who serves as the chairperson.

The panel has promised to have a functional IEBC within three months, addressing the uncertainty surrounding the commission.